Bailey v. Brown

This is a proceeding in which the reversal of the judgment of the common pleas is sought. The judgment was in favor of Brown, who was plaintiff, against Bailey, who was ^.defendant below. I shall use the terms “plaintiff” and “defendant” as they appear in the petition in error.

The undisputed facts are, that the-plaintiff Bailey, sometime in March, 1892, entered into a contract with the National Sewer Pipe Company, a corporation located and doing business at Barberton, Ohio, by which he agreed to erect for the corporation by The National Sewer Pipe Company.

He-was to furnish all materials, do…